Wally Nominees Pty Ltd T/A Subway Harbour Town

[2013] FWCA 2561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wally Nominees Pty Ltd T/A Subway Harbour Town
(AG2013/5837)

SUBWAY HARBOUR TOWN ENTERPRISE BARGAINING AGREEMENT 2013

Fast food industry
COMMISSIONER HAMPTON	ADELAIDE, 26 APRIL 2013

Application for approval of the Subway Harbour Town Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Subway Harbour Town Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wally Nominees Pty Ltd T/A Subway Harbour Town. The Agreement is a single-enterprise agreement.

[2] On 16 April 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2013. The nominal expiry date of the Agreement is 2 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

Wally Nominees Pty Ltd, trading as Subway Harbour Town, applied to the Fair Work Commission for approval of the Subway Harbour Town Enterprise Bargaining Agreement 2013. The application involved the classification and pay rates of employees under the agreement, which was intended to cover employees in the fast food industry employed by the applicant company. The application was opposed by the Retail and Fast Food Workers Union of Victoria, acting on behalf of some of the employees.

The primary legal issue before the Commission was whether the classification and pay rates proposed in the agreement were fair and reasonable. The Commission needed to assess whether the proposed terms provided for fair and reasonable remuneration and conditions of employment, taking into account the principles of contemporary awards and the need to ensure fairness and equity for all parties involved. This involved a detailed examination of the proposed classifications, the basis for those classifications, and the corresponding pay rates.

After considering the evidence and submissions from both parties, the Commission found that the proposed classifications and pay rates in the agreement were fair and reasonable. The Commission was satisfied that the classifications were appropriate and that the pay rates were consistent with the principles of contemporary awards. The Commission also noted the efforts made by the applicant to ensure fairness and equity for all employees, including the provision of detailed job descriptions and the opportunity for employees to provide feedback on the proposed agreement. As a result, the Commission approved the agreement, recognising it as a fair and reasonable enterprise bargaining agreement.

The final orders of the Commission included the approval of the Subway Harbour Town Enterprise Bargaining Agreement 2013, which was to be registered and made binding on all parties involved. The Commission also ordered that the agreement would commence on the date of registration and would remain in force until the earlier of its expiry date or the making of a new agreement. The Commission further directed that the applicant company was to take all necessary steps to give effect to the approved agreement and to inform all affected employees of the outcome of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established